Karnataka High Court
Nagesh Alias Nagappa S/O Ramu Kale vs The State Of Karnataka on 30 May, 2022
Author: K. Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30TH DAY OF MAY 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.101420 OF 2022
C/W
CRIMINAL PETITION NO.101529 OF 2022
IN CRL.P.NO.101420/2022
BETWEEN
1. NAGESH ALIAS NAGAPPA
S/O RAMU KALE,
AGE. 29 YEARS, OCC. PRIVATE WORK,
R/O. HUDED BAYALEU KOLIWAD,
TAL. HUBBALLI, DIST. DHARWAD- 580023,
KARNATAKA.
2. ARJUN
S/O SHEKHAPPA ALIAS GANGAPPA KALE,
AGE. 36 YEARS, OCC. PRIVATE WORK,
R/O. KOLIWAD, TAL. HUBBALLI,
DIST. DHARWAD- 580023,
KARNATAKA.
3. SHIDDESHI ALIAS SIDDU
S/O CHANDAPPA DODAMANI
AGE. 26 YEARS, OCC. PRIVATE WORK,
R/O. KOLIWAD, TAL. HUBBALLI,
DIST. DHARWAD- 580023,
KARNATAKA.
...PETITIONERS
(BY SRI.TATTIMANI SHRIDHAR SHANKARAPPA, ADVS.)
2
AND
1 . THE STATE OF KARNATAKA
BY RAILWAY POLICE STATION GADAG
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD.
...RESPONDENT
(BY SMT.GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ENLARGE THE PETITIONERS/ACCUSED NOS.1 TO 3
ON BAIL ON SUCH TERMS AND CONDITIONS WHICH THIS COURT
MAY DEEM FIT IN CC NO.3536/2021 (GADAG RAILWAY P.S. CRIME
NO.7/2021) ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND
JMFC COURT, GADAG FOR THE OFFENCE PUNISHABLE U/S 379,
201 OF IPC.
IN CRL.P.NO.101529/2022
BETWEEN
1. NAGESH ALIAS NAGAPPA
S/O RAMU KALE,
AGE. 29 YEARS, OCC. PRIVATE WORK,
R/O. HUDED BAYALU, KOLIWAD,
TAL. HUBBALLI, DIST. DHARWAD - 580023,
KARNATAKA.
2. ARJUN
S/O SHEKHAPPA ALIAS GANGAPPA KALE,
AGE. 36 YEARS, OCC. PRIVATE WORK,
R/O. KOLIWAD, TAL. HUBBALLI,
DIST. DHARWAD - 580023,
KARNATAKA
3
3. SHIDDESHI ALIAS SIDDU
S/O CHANDAPPA DODAMANI
AGE. 26 YEARS, OCC. PRIVATE WORK,
R/O. KOLIWAD, TAL. HUBBALLI,
DIST. DHARWAD - 580023,
KARNATAKA
...PETITIONERS
(BY SRI.TATTIMANI SHRIDHAR SHANKARAPPA,ADVS.)
AND
1. THE STATE OF KARNATAKA
BY RAILWAY POLICE STATION GADAG
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT BUILDING, DHARWAD.
...RESPONDENT
(BY SMT.GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C., SEEKING TO ENLARGE THE PETITIONERS/ACCUSED
NO.1 TO 3 ON BAIL ON SUCH TERMS AND CONDITIONS
WHICH THIS HON BLE COURT MAY DEEM FIT IN CC
NO.3537/2021 (GADAG RAILWAY P.S. CRIME NO.06/2021)
ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC
COURT, GADAG FOR THE OFFENCE PUNISHABLE U/S 379
AND 201 OF IPC.
THESE PETITIONS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
4
ORDER
Criminal petition No.101420/2022 and Crl.P.No.101529/2022 are filed by the petitioners/accused Nos.1 to 3 respectively under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for short) for granting bail in Crime Nos.07/2019 and 06/2019 (C.C.No.3536/2021 and CC No.3537/2021) registered by Gadag Railway Police Station for the offences punishable under Sections 379, 201 and 427 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for short) .
2. Heard the arguments of the learned counsel for petitioners and learned High Court Government Pleader for respondent-State.
3. The case of the prosecution is that on the complaint of Gadag Railway Police, petitioners said to be arrested on 30.06.2021 and they are remanded in judicial custody. Their bail petition filed before District and Sessions Judge, Gadag came to be rejected. Hence, petitioners are before this Court for grant of regular bail. 5
4. It is alleged that petitioners are involved in stealing of copper conductors measuring 232.9 mtrs., 109 mtrs., worth `1,34,412/- and `1,53,100/- respectively in both the cases. It is submitted that accused were arrested in some other crime in which properties were seized and they were released by JMFC., Court, Hubballi. Subsequently, they were arrested in this case and remanded in judicial custody.
5. Learned counsel for the petitioners submits that allegation made against the petitioners is false and baseless. Petitioners are innocent and they are falsely implicated in the case. Investigation is completed, charge sheet filed. Petitioners are in judicial custody for 10 months. They are residents of Koliwad village, Hubballi and they are ready to abide by the conditions imposed by this Court. With this prays to allow the bail petition.
6. Per contra, learned HCGP submits that petitioners are habitual offenders. They used to commit similar offences by stealing copper wire which is laid by Railway Department for the use of electric train. If they are released on bail, again 6 they will commit the similar offences. Hence, prays to reject the petition.
7. Having heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader, perused the records.
8. On perusal of the records, of-course, initially complaint came to be lodged against unknown persons and subsequently, present petitioners were arrested in Crime No.48/2020 of Hubballi Railway Police and entire copper material has been seized by the Hubballi railway police and subsequently, charge sheet has been filed showing the petitioners as absconding and afterwards arrested and remanded to judicial custody. Alleged offences are triable by Magistrate. Petitioners are in judicial custody for 10 months. Though they are involved in so many cases, it appears that they are stolen the copper wire which was fixed between Gadag and Hubballi. Because of different jurisdiction of Police, a case is registered against these petitioners. 7 However, entire copper wire is melted and the same was seized.
9. Considering the facts and circumstances of the case that petitioners are in judicial custody for ten months, investigation is completed, charge sheet has already been filed, if the bail is granted to petitioners by imposing stringent conditions, no prejudice will be caused to the case of the prosecution. Accordingly, I pass the following:
ORDER The criminal petition No.101420/2022 and Crl.P.No.101529/2022 are allowed.
The trial Court is directed to release the petitioners/accused Nos.1 to 3 on bail in Crime Nos.07/2019 and 06/2019 (C.C.No.3536/2021 and CC No.3537/2021) registered by Gadag Railway Police Station for the offences punishable under Sections 379, 201 and 427 of IPC, subject to the following conditions:
i. The petitioners shall execute a personal bond for a sum of `50,000/- (Rupees Fifty 8 thousand only) each in each of the case with a surety for the likesum to the satisfaction of the Trial Court.
ii. The petitioners shall not hamper/tamper the prosecution witnesses directly or indirectly.
iii. The petitioners shall not indulge in similar offences.
iv. The petitioner shall not leave jurisdiction of this court without prior permission of the Trial Court.
v. The petitioners shall attend the court and take the trial without causing any delay.
If any of the conditions is violated, then the prosecution is at liberty to move an application for cancellation of bail.
Sd/-
JUDGE HMB